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  #16  
Old 04-28-2009, 12:07 PM
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Saburi has a spectacular aura about Saburi has a spectacular aura about Saburi has a spectacular aura about
Default Rfe

Hello Freinds

After a long wait of 8 years today i got an email from Cris, showing that there is a RFE on my case, Is this to worry about? also the wierd thing is the case status says the case is placed on Hold thats strange i never saw this on anybody's case.

Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

How many days does it takes to get the physical RFE in the lawyers office, please do advice.

Best Regards

Saburi
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Best Regards

Saburi

Labor Applied in Dec 06 2001
I 140 Approved on Sep 06 2006
I 485 Applied on July 5th 2007, Too Early to say any thing, still waiting.
EAD Applied on July 5th 2007 , Sep 13th 2007 Card Ordered
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  #17  
Old 04-28-2009, 12:45 PM
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Default

I was wondering if there is any sample cover letter for sending the RFE response considering since I am on my own, no laywer
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  #18  
Old 04-28-2009, 01:16 PM
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Default Best of Luck for your Greencard

Hopefully your RFE would be very simple to answer. It is really frustrating to get RFE after such a long wait. I wish you good luck for RFE reply and for getting your Greencard soon. (Hopefully your PD will become current in near future).

Quote:
Originally Posted by Saburi View Post
Hello Freinds

After a long wait of 8 years today i got an email from Cris, showing that there is a RFE on my case, Is this to worry about? also the wierd thing is the case status says the case is placed on Hold thats strange i never saw this on anybody's case.

Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

How many days does it takes to get the physical RFE in the lawyers office, please do advice.

Best Regards

Saburi
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  #19  
Old 04-28-2009, 01:27 PM
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Default

There is really nothing to worry. It could be a very simple thing as missing photographs or something similar. It takes about 3 to 5 days for the rfe to reach. It might come to your lawyer. Stay ncool. Just reply and wait for the case status to change to case resumed.

Best of Luck.
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  #20  
Old 05-02-2009, 10:35 PM
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Default

Just wanted to clarify a common mis-conception about reseting the "clock" if re-enter using a non-immigrant visa after filing I-485. Quoted below is the relevant section of 245(k). It is agreed that the "clock" resets on lawful admittance, till the filing of 485. But according to currently available interpretations, it wont reset just by a re-entry, if you engage in "unauthorized employment" after filing 485.

=======================
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph ........if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
=======================

Quote:
Originally Posted by sunny1000 View Post
That is for people who are "paroled" (parole is not lawful admission) and not for the ones who are "admitted". If you are "admitted" (like a H1b/L1 entry stamp), which is the lawful admission, your clock resets, which the doc clearly states.
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  #21  
Old 05-03-2009, 05:27 AM
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Default

Hi Morchu ,

1. Could you please elaborate the meaning of phrase " failed to maintain, continuously, a lawful status " of a 485 applicant , with the context , if he becomes un employed after 6 months of filing 485 and for an aggregate period of exceeding 180 days?

2. If he becomes out of " lawful status" , then what is the legal remedy to be in status (after becoming out of status) ?

Quote:
Originally Posted by morchu View Post
Just wanted to clarify a common mis-conception about reseting the "clock" if re-enter using a non-immigrant visa after filing I-485. Quoted below is the relevant section of 245(k). It is agreed that the "clock" resets on lawful admittance, till the filing of 485. But according to currently available interpretations, it wont reset just by a re-entry, if you engage in "unauthorized employment" after filing 485.

=======================
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph ........if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
=======================

Last edited by krupa; 05-03-2009 at 05:58 AM.
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  #22  
Old 05-03-2009, 09:28 PM
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Default

1. Technically, after filing 485 I dont see a reason for you to be out of status. You always fall into an "adjustee" state. So even if you were working in H1B, and you became unemployed, you dont fall into "out of status", as long as you have a pending 485 petition. But, you still can engage in "unauthorized employment". (For example working without an EAD or H1).

2. Again if you have a 485 pending, dont worry much about being "out of status".

Quote:
Originally Posted by krupa View Post
Hi Morchu ,

1. Could you please elaborate the meaning of phrase " failed to maintain, continuously, a lawful status " of a 485 applicant , with the context , if he becomes un employed after 6 months of filing 485 and for an aggregate period of exceeding 180 days?

2. If he becomes out of " lawful status" , then what is the legal remedy to be in status (after becoming out of status) ?
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  #23  
Old 05-03-2009, 11:06 PM
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Default

Thnaks Morchu

Quote:
Originally Posted by morchu View Post
1. Technically, after filing 485 I dont see a reason for you to be out of status. You always fall into an "adjustee" state. So even if you were working in H1B, and you became unemployed, you dont fall into "out of status", as long as you have a pending 485 petition. But, you still can engage in "unauthorized employment". (For example working without an EAD or H1).

2. Again if you have a 485 pending, dont worry much about being "out of status".
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  #24  
Old 05-04-2009, 10:53 PM
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Default

Saburi: What was your RFE ?, I think it should be on EVL.
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  #25  
Old 05-29-2009, 10:57 PM
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Default

Any update on your case?

Quote:
Originally Posted by Libra View Post
I worked on that day without knowing that am not authorized to work, nobody knows until I got this RFE and I looked into the approvals. My client is State dept, there is every proof I worked on that day and got paid. I did not went out of country in 2 years.
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  #26  
Old 05-30-2009, 11:09 AM
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Default

Lawyer sent the reply with all my H1 approvals, but did not mention about missing day. CIS online status changed to 'Request recieved and processing resumed'. Fingers crossed and hoping for best


Quote:
Originally Posted by langagadu View Post
Any update on your case?
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  #27  
Old 05-30-2009, 02:57 PM
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krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts krupa is infamous around these parts
Default

Hi Libra

When did they file reply to RFE and were there any Soft LUD’s more than one (other than one LUD for having received reply by USCIS) after filing reply ? If they are (LUD's) more than one and you did not get any further counter RFE’s, then you are certainly safe. It means they processed your reply and they do not have any further questions on that matter, I hope.

Quote:
Originally Posted by Libra View Post
Lawyer sent the reply with all my H1 approvals, but did not mention about missing day. CIS online status changed to 'Request recieved and processing resumed'. Fingers crossed and hoping for best

Last edited by krupa; 05-30-2009 at 05:10 PM.
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  #28  
Old 05-30-2009, 05:53 PM
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Default

RFE response received on 13th of may, and status change on 13th and then there was another soft LUD on 18th of may.

Quote:
Originally Posted by krupa View Post
Hi Libra

When did they file reply to RFE and were there any Soft LUD’s more than one (other than one LUD for having received reply by USCIS) after filing reply ? If they are (LUD's) more than one and you did not get any further counter RFE’s, then you are certainly safe. It means they processed your reply and they do not have any further questions on that matter, I hope.
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  #29  
Old 05-30-2009, 06:24 PM
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Default I-485 RFE for my wife's case - Question to attorney

RFE: Submit documents proving valid status from the day of first entry to the date of submitting I-485 documents
One of the requested document to prove the status is I-94

My wife went to India before we submit I-485, at port of leaving she had to give out the I-94 and we did not made any copy of it. At entry she got the new I-94, which we have the original.

She has visa stamping H4, when she came for the first time in her passport.

As she came on H4, she had visa stamping at Chennai consulate, so there is no I-797A, but she has a visa ext document (I-797A).

So, how to prove that she had a valid visa status. What documents to suffice this query. Please adivce

Any one with this experience.

Thanks in advance.
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  #30  
Old 05-31-2009, 12:08 AM
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Default

Maybe you meant a different thing. But please be aware that, one can file 485 only if she/he was "in USA" at the time of filing. Means, you cannot file your wife's 485 when she is in India.

Quote:
Originally Posted by shana04 View Post
My wife went to India before we submit I-485

Last edited by morchu; 05-31-2009 at 12:14 AM.
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